Legal Question in Constitutional Law in Indiana

Eigth Amendment

How long must an inmate be confined to a cell or segragation ,with only shower release from there cell before there 8th Amendtment Rights are being violated?


Asked on 4/07/09, 9:00 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Eigth Amendment

It depends upon the reasons for the confinement. The Eighth Amendment bars cruel and unusual punishment, but whether a particular confinement is cruel and unusual will depend in large part upon why it is being imposed. A punishment that is cruel and unusual for, say, a minor drug offender might be entirely appropriate for a mass murderer.

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Answered on 4/07/09, 9:18 pm


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